Kathleen McLeroy Quoted in the Florida Bar News: “Remote Mediation Rule Draws Concerns Over Cameras, Connectivity”

Kathy McLeroy was quoted in the Florida Bar News, in an article titled “Remote Mediation Rule Draws Concerns Over Cameras, Connectivity.” The article discusses a proposal to amend Rule 1.700 (Rules Common to Mediation and Arbitration) to reflect modern remote practice and address a significant concern: participants turning off their cameras and muting themselves, which may imply that the party is not giving the mediation their full attention.

Two groups, the Supreme Court’s Committee on Alternative Dispute Resolution Rules and Policy, and the Florida Bar’s Alternative Dispute Resolution Section, oppose the proposed mediation amendments.

Floridians in rural areas often lack internet access or a connection with sufficient bandwidth to support reliable use of audio-video communications, said McLeroy, who represented the Supreme Court’s Rules and Policy Committee. “We heard resoundingly, in rural areas, when you use video and audio together, it lags, there are gaps,” she said. “The programs tell us that they believe this will create a big barrier.”

Should the amendment be adopted, the solution the sponsors are proposing would only apply to opening statements, before the sides retreat to private conferences, McLeroy said. “I can tell you as a mediator, more and more people don’t want to participate in opening statements,” she said.

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